On September 21, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Boston Medical Center,
and
for Guardianship Managed
in the District Court of Suffolk County.
Preview
Suffolk Probate and Family Court
VERIFIED MOTION FOR APPOINTMENT OF Docket No. Commonwealth of Massachusetts
Date Filed: 9/21/2021 11:54 AM
The Trial Court Case Number:
TEMPORARY GUARDIAN FOR AN
Probate and Family Court
INCAPACITATED PERSON PURSUANT TO
G.L. c.190B, § 5-308
In the Interests of: Suffolk Division
Alfio Abate 24 New Chardon Street
First Name Middle Name Last Name
Suite 1130
Alleged Incapacitated Person/Respondent
Boston, MA 02114
on Petition filed
(617) 788-8300
The court shall encourage the development of maximum self-reliance and independence of the Incapacitated
Person and make appointive and other orders only to the extent necessitated by the Incapacitated Person's
limitations or other conditions warranting the guardianship.
Now comes the moving party Boston Medical Center
First Name M.I. Last Name
who states as follows:
1. An emergency exists requiring the appointment of a Temporary Guardian as any delay in the appointment will cause
immediate and substantial harm to the health, safety or welfare of the Respondent, and no other person has authority to
act in the circumstances.
2. The nature of the circumstances requiring the appointment of a Temporary Guardian are:
The Respondent has a history of stroke resulting in difficulty speaking and swallowing. He now has worsening
delirium and has become more de-conditioned with less ability to perform his activities of daily living. He is in
need of a Guardian to direct his care and to plan for a safe discharge.
3. The particular harm sought to be avoided is:
Injury or harm to self due to medical neglect
4. The actions which need to be taken by a Temporary Guardian to avoid the harm are:
Make necessary medical decisions. Arrange for care of respondent subsequent to discharge from acute care
hospital.
5. Respondent:
Does (See Petition) does not have a Health Care Agent in the Commonwealth or elsewhere or Uncertain.
A copy of the Health Care Proxy is attached already filed with the Court unavailable.
The within Motion hereby is ALLOWED (see Order Appointing Temporary Guardian). DENIED.
Date
JUSTICE OF THE PROBATE AND FAMILY COURT
MPC 320 (5/30/11) page 1 of 2
Suffolk Probate and Family Court
6. Respondent: Date Filed: 9/21/2021 11:54 AM
Does (See Petition) does not have a Durable Power of Attorney/Agent in the Commonwealth or elsewhere CaseorNumber:
Uncertain.
A copy of the Durable Power of Attorney is attached already filed with the Court unavailable.
WHEREFORE, PETITIONER REQUESTS THAT THIS HONORABLE COURT:
Appoint The Petitioner(s) or
Public Guardian Services, LLC or
First Name M.I. Last Name
Some suitable person.
as Temporary Guardian(s) of the Respondent to serve with without sureties for the following reasons:
Guardianship is over person only.
The moving party further seeks specific court authorization:
to admit Respondent to a nursing facility;
to treat Respondent with antipsychotic medication in accordance with a treatment plan;
for the following treatment or action for which a substituted judgment determination may
be required:
to revoke the Health Care Proxy of the Incapacitated Person;
to apply for health insurance benefits including MassHealth on behalf of the Respondent.
In addition, I request that the Court:
Grant the Temporary Guardian authority to access bank records and financial records as necessary to apply for
health insurance benefits.
SIGNED UNDER THE PENALTIES OF PERJURY
I affirm or swear under oath that I have read the foregoing Motion and that the statements set forth therein are true
and correct to the best of my knowledge.
Date 9/21/2021
/s/ Wendoly Langlois, Esq.
Signature of Moving Party
Date 9/21/2021
/s/ Brandon H. Saunders, Esq.
Signature of Attorney for Moving Party
Brandon H. Saunders/Matthew H. Beaulieu
(Print name)
565 Rounseville Road Suite 5
(Address) (Apt, Unit, No. etc.)
Rochester MA 02770
(City/Town) (State) (Zip)
Primary Phone #: (617) 227-1044
B.B.O. # 660254/563194
MPC 320 (5/30/11) page 2 of 2
Document Filed Date
September 21, 2021
Case Filing Date
September 21, 2021
Category
Guardianship Managed
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Suffolk Probate and Family Court VERIFIED MOTION FOR APPOINTMENT OF Docket No. Commonwealth of Massachusetts Date Filed: 9/21/2021 11:54 AM The Trial Court Case Number: TEMPORARY GUARDIAN FOR AN Probate and Family Court INCAPACITATED PERSON PURSUANT TO G.L. c.190B, § 5-308 In the Interests of: Suffolk Division Alfio Abate 24 New Chardon Street First Name Middle Name Last Name Suite 1130 Alleged Incapacitated Person/Respondent Boston, MA 02114 on Petition filed (617) 788-8300 The court shall encourage the development of maximum self-reliance and independence of the Incapacitated Person and make appointive and other orders only to the extent necessitated by the Incapacitated Person's limitations or other conditions warranting the guardianship. Now comes the moving party Boston Medical Center First Name M.I. Last Name who states as follows: 1. An emergency exists requiring the appointment of a Temporary Guardian as any delay in the appointment will cause immediate and substantial harm to the health, safety or welfare of the Respondent, and no other person has authority to act in the circumstances. 2. The nature of the circumstances requiring the appointment of a Temporary Guardian are: The Respondent has a history of stroke resulting in difficulty speaking and swallowing. He now has worsening delirium and has become more de-conditioned with less ability to perform his activities of daily living. He is in need of a Guardian to direct his care and to plan for a safe discharge. 3. The particular harm sought to be avoided is: Injury or harm to self due to medical neglect 4. The actions which need to be taken by a Temporary Guardian to avoid the harm are: Make necessary medical decisions. Arrange for care of respondent subsequent to discharge from acute care hospital. 5. Respondent: Does (See Petition) does not have a Health Care Agent in the Commonwealth or elsewhere or Uncertain. A copy of the Health Care Proxy is attached already filed with the Court unavailable. The within Motion hereby is ALLOWED (see Order Appointing Temporary Guardian). DENIED. Date JUSTICE OF THE PROBATE AND FAMILY COURT MPC 320 (5/30/11) page 1 of 2 Suffolk Probate and Family Court 6. Respondent: Date Filed: 9/21/2021 11:54 AM Does (See Petition) does not have a Durable Power of Attorney/Agent in the Commonwealth or elsewhere CaseorNumber: Uncertain. A copy of the Durable Power of Attorney is attached already filed with the Court unavailable. WHEREFORE, PETITIONER REQUESTS THAT THIS HONORABLE COURT: Appoint The Petitioner(s) or Public Guardian Services, LLC or First Name M.I. Last Name Some suitable person. as Temporary Guardian(s) of the Respondent to serve with without sureties for the following reasons: Guardianship is over person only. The moving party further seeks specific court authorization: to admit Respondent to a nursing facility; to treat Respondent with antipsychotic medication in accordance with a treatment plan; for the following treatment or action for which a substituted judgment determination may be required: to revoke the Health Care Proxy of the Incapacitated Person; to apply for health insurance benefits including MassHealth on behalf of the Respondent. In addition, I request that the Court: Grant the Temporary Guardian authority to access bank records and financial records as necessary to apply for health insurance benefits. SIGNED UNDER THE PENALTIES OF PERJURY I affirm or swear under oath that I have read the foregoing Motion and that the statements set forth therein are true and correct to the best of my knowledge. Date 9/21/2021 /s/ Wendoly Langlois, Esq. Signature of Moving Party Date 9/21/2021 /s/ Brandon H. Saunders, Esq. Signature of Attorney for Moving Party Brandon H. Saunders/Matthew H. Beaulieu (Print name) 565 Rounseville Road Suite 5 (Address) (Apt, Unit, No. etc.) Rochester MA 02770 (City/Town) (State) (Zip) Primary Phone #: (617) 227-1044 B.B.O. # 660254/563194 MPC 320 (5/30/11) page 2 of 2